The Marshall County Attorney’s Office has sent a notice of appeal to the Minnesota Appelate Court in St. Paul, asking the court to overturn dismissal of pornography charges against a former Marshall County Central English Teacher …

Assistant County Attorney AJ Kasprick filed the Notice of Appeal last week with the Marshall County Court Administrator – putting the local court on notice that prosecutors have taken their argument to the Minnesota Court of Appeals in St. Paul, which will decide whether or not to consider the case.

Last Friday, District Judge Jeffery Remick dismissed 3 felony counts against 29 year old Justin Adelmann, a teacher at the Newfolden High School, who was charged with Use of a Minor in Sexual Performance, Possession and Dissemination of Pornographic Work; after taking nude photos of a 16 year old female student in February, promising a modeling portfolio. Attorneys for Adelmann moved for dismissal, saying the photos did not meet the state threshold for pornography, which specifies sexual conduct.

Judge Remick agreed and approved the motion for dismissal, but at the same time took State Lawmakers to task for failing to protect Minnesota children, saying they have long been aware of the “loophole” in state pornography law.

It is not known when the Appellate Court will decide whether to hear the appeal.